Austria
A. Progress in the implementation of the minimum standard
Austria has 91 tax agreements in force, as reported in its response to the Peer Review questionnaire1. Thirty-two of those agreements comply with the minimum standard.
Austria signed the MLI in 2017 and deposited its instrument of ratification on 22 September 2017, listing 37 of its agreements in force at that time. The MLI entered into force for Austria on 1 July 2018. The agreements modified by the MLI come into compliance with the minimum standard once the provisions of the MLI take effect.2
Austria has not listed its agreements with Albania, Argentina, Armenia, Australia, Bahrain, Barbados, Belarus, Belize, Bosnia-Herzegovina, Brazil, Denmark, Egypt, Georgia, Iceland, Indonesia, Kazakhstan, Korea, Malaysia, Mongolia, Montenegro, Morocco, New Zealand, North Macedonia, Norway, Qatar, San Marino, Saudi Arabia, Sweden, Thailand, Tunisia, the United Arab Emirates, and Viet Nam under the MLI. These agreements will therefore not, at this stage, be modified by the MLI. Albania, Armenia, Australia, Bahrain, Barbados, Belize, Bosnia-Herzegovina, Denmark, Egypt, Iceland, Kazakhstan, Malaysia, Morocco, New Zealand, North Macedonia, San Marino, Saudi Arabia, Thailand, Tunisia, the United Arab Emirates and Viet Nam have listed their agreements with Austria under the MLI.
Austria has signed a bilateral complying instrument with respect to its agreement with Argentina3, Korea4 and the United Arab Emirates.5
Austria further indicated that steps have been taken (other than under the MLI) to implement the minimum standard in its agreements with Australia, Bahrain, Brazil, Indonesia, Kuwait*, New Zealand, Norway6, Qatar, Sweden, Switzerland, the United States and Uzbekistan*.
Austria is implementing the minimum standard through the inclusion of the preamble statement and the PPT.7
B. Conclusion
Albania, Armenia, Australia, Bahrain, Barbados, Belize, Bosnia-Herzegovina, Denmark, Egypt, Iceland, Kazakhstan, Malaysia, Morocco, New Zealand, North Macedonia, San Marino, Saudi Arabia, Thailand, Tunisia and Viet Nam have listed their agreements with Austria under the MLI, which amount to requests to implement the minimum standard in those agreements.
Austria is preparing to give effect to its plan to implement the minimum standard in its agreements with Albania, Armenia, Barbados, Belarus, Belize, Bosnia-Herzegovina, Denmark, Egypt, Georgia, Iceland, Kazakhstan, Malaysia, Mongolia, Montenegro, Morocco, North Macedonia, San Marino, Saudi Arabia, Thailand, Tunisia and Viet Nam by making a notification to expand its list of agreements to be covered under the MLI to include these agreements.
Austria has developed a plan for the implementation of the minimum standard in its agreement with Sweden. Austria indicated in its response to the Peer Review questionnaire that bilateral negotiations would be pursued with respect to that agreement.
Notes
← 1. Austria indicated in its response that the agreement with Chinese Taipei* is an Arrangement for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income between the Austrian Chamber of Commerce and the Taipei Chamber of Commerce.
← 2. Austria has made a reservation under Article 35(3) of the MLI (Entry into Effect).
← 3. Austria ratified the complying instrument with respect to the agreement with Argentina on 17 December 2020.
← 4. Austria ratified the complying instrument with respect to the agreement with Korea on 2 December 2021.
← 5. Austria ratified the complying instrument with respect to the agreement with the United Arab Emirates on 19 November 2021.
← 6. Austria indicated in its response that it intends to include the agreement with Norway in its list of covered tax agreements under the MLI.
← 7. For its agreements listed under the MLI, Austria is implementing the preamble statement (Article 6 of the MLI) and the PPT (Article 7 of the MLI). In the case of the agreement concluded with Japan, Austria has supplemented the PPT with an LOB.